will my bf lose his licence?

BARGAINHUNTER!

B/F took licence into police station on Saturday, he was cautioned, a copy of his licence was taken (and original given back to him) and he was asked if he had anything he wanted to say. He said that it was a genuine mistake, he honestly thought that he was covered and this was written onto the pink sheet which he was handed. The policeman who dealt with him at the police station said that the policeman who caught him by the roadside would review the information that had been supplied and decide on whether to take the matter further. Hopefully he should know in the next couple of weeks if it is going to be taken furhter or if he will be let off on this occasion.

Boozer

Good luck with it, but i really think that the PC has a cast iron conviction, i do not believe he is going to let that go, as said in this thread before, they need numbers and this is an easy one for him.

BARGAINHUNTER!

Yeah guess so, think I was just trying to clutch at straws!

sharnad

I wonder if hey will take the eleven points he already has into consideration when they look at the case

bewilderedhelpneeded

They base it on number of points he had at the time the crime was committed so looks like he is facing a ban. The PC will look and see he had 11 points, and know that if he gets convicted at court they will take his licence. This is an easy win for the police really as they know he was driving without insurance so have cast iron conviction.

thenudeone

Boozer wrote: »

Nothing that will help you with this case, but i am just wondering why he was pulled over in the first place??? i have been pulled 4 or 5 times, couple for speeding, once they thought i was drunk, the others i had a light out, i have never been stopped for no reason.

The police do not need a reason to stop vehicles for routine checks, so it will be irrelevant to the court.
http://www.homeoffice.gov.uk/police/powers/road-traffic/

The power was give in the Road Traffic Act, long before ANPR and live insurance databases existed, as random checks of documents was the only way to police the rules. Even now, ANPR isn't everywhere, and can't tell whether the driver is insured or has a licence, only that an insurance policy exists for the vehicle, so it's still a useful tool for the police.

The only exception would be if a vehicle or driver was stopped non-randomly for no good reason, for example race or colour, or if the police were playing "car snooker" explained here: http://news.bbc.co.uk/1/hi/uk/422651.stm
In these cases you could have grounds for asking to the court to throw the case out because the initial stop was unlawful. Don't hold your breath though.

kwaks

BARGAINHUNTER! wrote: »

Are you serious? I could have been done as well? I knew he had fully comp insurance and every other policy he has had in the past has allowed him to drive my car third party. In fact last insurance was through same company as he had before and he renewed it for another year and I know he had it on his last insurance.

Not going to read all the replies, page one seemed a lot of condemnation and the start of a witch hunt.

Insurance does give DOC (driving other cars) as a standard extension, in order to remove it the insurance company has to make it very clear, usually on the exclusions on the front page.

If his previous policy allowed it, yet his renewal does not, then again that should have been made very clear to him, if not the insurance company has messed up and should extend him the courtesy of a letter accepting liability at the time of the traffic stop.

Time to read his policy very carefully. Find out where, if at all, the policy excludes driving other cars.

kwaks

BARGAINHUNTER! wrote: »

B/F took licence into police station on Saturday, he was cautioned, a copy of his licence was taken (and original given back to him) and he was asked if he had anything he wanted to say. He said that it was a genuine mistake, he honestly thought that he was covered and this was written onto the pink sheet which he was handed. The policeman who dealt with him at the police station said that the policeman who caught him by the roadside would review the information that had been supplied and decide on whether to take the matter further. Hopefully he should know in the next couple of weeks if it is going to be taken furhter or if he will be let off on this occasion.

The policeman does not have the power to make this go away, it is not his decision if it goes any further. He is there to uphold the law, the courts decide if the law is actually broken. It does sound like he has a hardship defence against losing his licence (hardship on kids etc NOT your BF) but make sure 100% that he was uninsured as I said above, donøt just accept the word of someone on the phone.

sabz3008

I was caught 'driving without insurance' in a friends car once (Well, originally stopped for a broken taillight) ...They said that because I'm 20, it's not possible to have insurance other than traders policy to cover me to drive any vehicle...The look on their faces when they verified I do actually have insurance.

Anyway, my point is this - co-op policy cost me : £1,100 per year on a VW Golf 1.6

I had quotes for £600 but opted for the co-op policy...People are turning to cheap policies too much, which just don't have the cover in the end...It's the likes of confused.com and moneysupermarket and gocompare that literally CONFUSE people... In the future, check the policy documents!

dacouch

kwaks wrote: »

Not going to read all the replies, page one seemed a lot of condemnation and the start of a witch hunt.

Insurance does give DOC (driving other cars) as a standard extension, in order to remove it the insurance company has to make it very clear, usually on the exclusions on the front page.

The majority of Insurers give their comprehensive customers DOC and some include it on TPD&T. It is generally excluded by the vast majority of Insurers for certain occupations typically mechanics, hgv drivers, taxi drivers and driving instructors etc.

It should be noted that DOC is not normally included on Commercial Vehicle Policies and is often excluded on Private Car Policies if the vehicleis a commercial vehicle eg van. The OP mentions their partner has a commercial vehicle which may explain why he does not have DOC

If DOC is included it is not shown on the exclusions page, if it's included it is shown on the Insurance Certificate normally under the description of who is covered to drive. The Policy Booklet contains the relevant terms about the DOC in the section normally titled "Liability" or Liability to Others". It will confirm that for the cover to be operative it must be shown on the Certificate of Insurance.

An Insurers does not have to specifically exclude driving other cars or show it as being excluded or state it has been excluded on the first or any page of the policy. As stated above it is operative if it's shown on the Certificate with a relevant description of terms in the policy booklet